CHAPTER EIGHT - SENTENCING OF ORGANIZATIONS


PART D - ORGANIZATIONAL PROBATION


§8D1.3.     Conditions of Probation - Organizations

(a)       Pursuant to 18 U.S.C. § 3563(a)(1), any sentence of probation shall include the condition that the organization not commit another federal, state, or local crime during the term of probation.

(b)      Pursuant to 18 U.S.C. § 3563(a)(2), if a sentence of probation is imposed for a felony, the court shall impose as a condition of probation at least one of the following: (1) restitution or (2) community service, unless the court has imposed a fine, or unless the court finds on the record that extraordinary circumstances exist that would make such condition plainly unreasonable, in which event the court shall impose one or more other conditions set forth in 18 U.S.C. § 3563(b).

(c)       The court may impose other conditions that (1) are reasonably related to the nature and circumstances of the offense or the history and characteristics of the organization; and (2) involve only such deprivations of liberty or property as are necessary to effect the purposes of sentencing.

Historical Note:  Effective November 1, 1991 (see Appendix C, amendment 422).  Amended effective November 1, 1997 (see Appendix C, amendment 569); November 1, 2009 (see Appendix C, amendment 733).